DRUG AND ALCOHOL-FREE WORKPLACE POLICY

Transcription

1 DRUG AND ALCOHOL-FREE WORKPLACE POLICY Mister Car Wash (MCW) is committed to protecting the safety, health and well-being of all employees and other individuals in our workplace. Drug and alcohol use pose a significant threat to our goals. We have established a Drug and Alcohol-Free Workplace policy, pursuant to applicable state and federal laws, that balances our respect for individuals with the need to maintain an alcohol and drug-free environment. Please see separate addenda applicable to Iowa, Minnesota and Maryland. This policy covers all employees and interns (paid and unpaid) while representing MCW or conducting business for MCW during all working hours, including during meal and rest periods. Employees must comply with this policy as a condition of employment and continued employment. It is a violation of this policy to use, possess, sell, trade, offer for sale or offer to buy illegal drugs or otherwise engage in the use of illegal drugs while on MCW premises, parking lots, in company vehicles or other property, or performing MCW business anywhere. It is a violation of this policy for any employee to report to work under the influence of or impaired by alcohol, prescription or illegal drugs. PRESCRIPTION DRUGS Prescription and over-the-counter drugs are not prohibited when taken in standard dosage and/or according to a physician's prescription. An employee taking prescribed or over-the-counter medications are responsible for consulting with his/her doctor or pharmacist to determine whether the medication may interfere with safe performance of his/her job. If use of a medication could compromise the safety of an employee, fellow employees or the public, the employee must use appropriate procedures (e.g., call in sick, use leave, request change of duty, notify supervisor) to avoid unsafe workplace practices. The improper or unauthorized use, sale, solicitation, purchase, possession, or transfer of prescription or over-the-counter drugs while on MCW premises or parking lots, in MCW vehicles or other property, or while performing MCW business is prohibited. Marijuana remains illegal as a matter of federal law and therefore its use or possession violates this policy. MCW will endeavor to accommodate individuals with disabilities but will not accommodate the use of medical marijuana at work or excuse positive drug tests or other policy violations related to medical marijuana use except as may be required by law. If you have questions about medical marijuana at our location, please consult Human Resources by calling , or ing HRhelp@mistercarwash.com. DRUG TESTING Each employee, as a condition of employment, will be required to participate in reasonable suspicion testing upon request of management. An employee or applicant has the right to refuse testing. However, a refusal to test will be treated as a failure to comply with MCW s policy and may result in disciplinary action up to and including termination of employment. Revision Date: 12/18/17 Car Wash Partners, Inc Page 1 of 4

2 DRUG AND ALCOHOL-FREE WORKPLACE POLICY MCW will test an employee for drugs and/or alcohol when a supervisor and/or manager has reasonable suspicion that the employee: (1) is under the influence of drugs or alcohol; (2) has violated our policy prohibiting the use, possession, sale or transfer of drugs or alcohol while the employee is working or while the employee is on MCW premises or operating company vehicles, machinery or equipment; (3) has sustained a personal injury, or has caused another employee to sustain a personal injury, which injuries are arising out of and in the course of employment and where it appears drug or alcohol use could have caused or contributed to the injury; or (4) has caused a work-related accident or was operating or helping to operate machinery, equipment or vehicles involved in a work-related accident. Reasonable suspicion means a basis for forming a belief based on specific facts and rational inferences drawn from those facts. Reasonable suspicion details will be documented. To ensure the accuracy and fairness of our testing program, all testing will be conducted according to Substance Abuse and Mental Health Services Administration (SAMHSA), state, and federal guidelines where applicable and will include a screening test; a confirmation test; the opportunity for a split sample; review by a Medical Review Officer, including the opportunity for employees who test positive to provide a legitimate medical explanation, such as a physician's prescription, for the positive result; and a documented chain of custody. Testing for the presence of alcohol will be conducted by analysis of breath, except in Minnesota where such testing will be by saliva. An alcohol test will be considered positive if it shows the presence of 0.04 percent or more of alcohol in a person s system. Testing for the presence of the metabolites of drugs will be conducted by the analysis of urine. (See MN, MD & IA addendums) CONSEQUENCES Any employee who receives a confirmed positive test result for drugs or alcohol will be subject to disciplinary action including but not limited to immediate removal from duty; suspension without pay; termination; and/or referral to a substance abuse professional for assessment and recommendations (see Rehabilitation and Return-to-Work Agreements below). An employee will be subject to the same consequences of a confirmed positive test if he/she refuses the screening or the test, tampers with the specimen, substitutes the specimen with that from another person or sends an imposter, will not sign the required forms or refuses to cooperate in the testing process in such a way that prevents completion of the test. If an employee tests positive for drug or alcohol use, the person tested may, within five working days after notice of the positive result, file written information (submit to: Mister Car Wash, Human Resources, 222 E. 5 th Street, Tucson AZ or HRhelp@mistercarwash.com) explaining the positive test results. In addition, within seven working days after notice of a confirmed positive test, the person tested may request (in writing to an address stated above), a confirmatory re-test of the original sample at such person s own expense. Revision Date: 12/18/17 Car Wash Partners, Inc Page 2 of 4

3 DRUG AND ALCOHOL-FREE WORKPLACE POLICY If an employee violates the policy, he/she will be subject to disciplinary action and may be required to enter rehabilitation. An employee required to enter rehabilitation that fails to successfully complete it and/or repeatedly violates the policy will be terminated from employment. Nothing in this policy prohibits the employee from being disciplined or discharged for other violations and/or performance problems. REHABILITATION AND RETURN-TO-WORK AGREEMENTS Following a violation of this policy, an employee may be offered an opportunity to participate in rehabilitation. In such cases, the employee must sign and abide by the terms set forth in a Return-to-Work Agreement as a condition of continued employment. MCW recognizes that alcohol and drug abuse and addiction are treatable illnesses. We also realize that early intervention and support improve the success of rehabilitation. To support our employees, our policy: Encourages employees to seek help if they are concerned that they may have a drug and/or alcohol problem. Encourages employees to utilize the services of qualified professionals in the community to assess the seriousness of suspected drug or alcohol problems and identify appropriate sources of help. Offers all employees assistance with alcohol and drug problems through the Employee Assistance Program (EAP) (see below). Allows the use of accrued PTO while seeking treatment for alcohol and other drug problems. The Employee Assistance Program (EAP) is available to all employees and is a free confidential service that may be accessed, either through self-referral or a referral source, 24 hours a day, seven days a week. You may contact the EAP and speak with a trained specialist who can provide guidance, information, and/or referrals to local service providers. You can receive assistance with a wide variety of problems, including substance abuse. Please visit for all information on how to contact/utilize the EAP. Employees may not, however, escape discipline by first requesting EAP services after being selected for testing or violating MCW s policies and rules of conduct. Nor will such requests or utilization of EAP services excuse employees from compliance with normal standards of performance or conduct. Information provided when accessing and utilizing EAP services will be kept confidential in accordance with any applicable federal and/or state law requirements. Costs associated with this benefit may be covered by an employee s medical insurance plan; however, any costs not covered by the employee s medical insurance plan and which are not otherwise required to be paid by law or any applicable plan are the employee s sole responsibility. All information received by MCW through the drug-free workplace program is confidential communication. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and management policies. Revision Date: 12/18/17 Car Wash Partners, Inc Page 3 of 4

4 DRUG AND ALCOHOL-FREE WORKPLACE POLICY SHARED RESPONSIBILITY A safe and productive drug-free workplace is achieved through cooperation and shared responsibility. Both employees and management have important roles to play. All employees are required to not report to work or be subject to duty while their ability to perform job duties is impaired due to on- or off-duty use of alcohol or other drugs. In addition, employees are encouraged to be concerned about working in a safe environment, support fellow workers in seeking help, use the Employee Assistance Program, and/or report dangerous behavior to their supervisor. It is the supervisor's responsibility to inform employees of the drug-free workplace policy, observe employee performance, investigate reports of dangerous practices and/or document negative changes and problems in performance. Communicating our drug-free workplace policy to both supervisors and employees is critical to our success. To ensure all employees are aware of their role in supporting our drug-free workplace program: The policy will be reviewed in orientation sessions with new employees. The policy will be available at all locations and any time online at Revision Date: 12/18/17 Car Wash Partners, Inc Page 4 of 4

5 STATE OF IOWA DRUG AND INTRODUCTION This Iowa Addendum to the Drug and Alcohol-Free Workplace Policy of Mister Car Wash ( Policy ) modifies and amends the Policy to ensure compliance with Iowa workplace drug and alcohol testing law and controls as between any inconsistency between the Addendum and the Policy. The Policy and this Addendum apply to all applicants and employees working in or reporting to locations in the State of Iowa. NOTICE AND POSTING OF POLICY In addition to the provisions in the Policy, in the case of a minor employee, a copy of the Policy and this Addendum will be provided to a parent of the minor by certified mail return receipt requested. NOTICE OF POSITIVE TEST RESULTS After receipt of a confirmed positive test result from the testing laboratory, MCW will inform an applicant or employee, in writing by certified mail return receipt requested, of: (1) the positive test result on the confirmatory test; (2) the right to request and obtain a second confirmatory test within seven days of the date the letter was sent; and (3) the fee payable by the employee for the costs of a second confirmatory test. In the event of a negative second confirmatory test, the employee will be reimbursed by MCW for testing expenses, and the test will not be considered a positive test for the purposes of disciplinary action. EDUCATION AND TRAINING In addition to the provisions in the Education and Training section in the Policy, MCW requires supervisory personnel involved with drug or alcohol testing to attend a minimum of two (2) hours of initial training and attend, on an annual basis thereafter, a minimum of one (1) hour of subsequent training. The training will include, but is not limited to, information concerning the recognition of evidence of employee alcohol and other drug abuse, and the referral of employees who abuse alcohol or other drugs to the Employee Assistance Program or to a resource file of employee assistance services providers. CONSEQUENCES/REHABILITATION Substitute the following section for the Consequences and Rehabilitation and Return-to- Work Agreements sections in the Policy. Employees who violate MCW s Policy are subject to discipline, up to and including termination and at the MCW s sole discretion. While the discipline imposed will depend on the circumstances, and MCW reserves the right to determine, in its discretion, discipline imposed, ordinarily ithe discipline will be immediate termination Revision Date: 1/16/18 Car Wash Partners, Inc Page 1 of 2

6 STATE OF IOWA DRUG AND Any action taken against an employee or prospective employee under the Policy shall be based only on the results of the drug or alcohol test or refusal to test. Notwithstanding the foregoing, nothing in the Policy diminishes or restricts the ability of MCW to discipline employees for conduct independent of drug and/or alcohol testing and employees failure to meet the workplace standards of behavior and performance expected by MCW of all employees. MCW also reserves the right to refer employees with a confirmed positive drug and/or alcohol test for assessment, counseling, rehabilitation services or treatment and to require any employee so referred to enter into and abide by one or more of the following: a Rehabilitation Agreement and/or a Return-To-Work Agreement. Finally, an employee sent for reasonable suspicion testing will be removed from his or her position and will receive a non-disciplinary suspension until MCW receives the test results. Hourly employees will not be compensated for time missed from work if the test is confirmed positive, but will be compensated if the test is negative. With respect to employees who have confirmed positive test results for alcohol, if and to the extent MCW employs 50 or more employees in the State of Iowa, and if the employee has been employed by MCW for at least 12 of the preceding 18 months, and if rehabilitation is agreed upon by the employee, and if the employee has not previously violated the MCW s Policy, MCW will offer the employee the opportunity to enroll in an employer-provided or approved rehabilitation, treatment, or counseling program, which may include additional drug or alcohol testing, participation in and successful completion of which may be a condition of continued employment, and the costs of which may or may not be covered by MCW s health plan or policies. Costs will be apportioned as provided under any applicable benefit plan, if any, or, if no MCW benefit plan exists, and the employee has coverage for any portion of the costs of rehabilitation under any health care plan of the employee, costs will be apportioned as provided by the plan, with any costs not covered apportioned equally between MCW and the employee (however, MCW will not be required to pay more than two thousand dollars toward the costs not covered by the employee s health care plan). Revision Date: 1/16/18 Car Wash Partners, Inc Page 2 of 2

7 STATE OF MARYLAND DRUG AND INTRODUCTION This Maryland Addendum to the Drug and Alcohol-Free Workplace Policy of Mister Car Wash ( Policy ) modifies and amends the Policy to ensure compliance with Maryland workplace drug and alcohol testing law and controls as between any inconsistency between the Addendum and the Policy. The Policy and this Addendum apply to all applicants and employees working in or reporting to locations in the State of Maryland. NOTICE OF POSITIVE TEST RESULTS After receipt of a confirmed positive test result from the testing laboratory, MCW will inform an applicant or employee, in writing by certified mail return receipt requested, of: (1) the positive test result on the confirmatory test; and (2) the right to request by certified mail and obtain, at employee s expense, a second confirmatory test of the original sample from the original testing laboratory or another certified laboratory. Revision Date: 1/16/18 Car Wash Partners, Inc Page 1 of 1

8 STATE OF MINNESOTA DRUG AND INTRODUCTION This Minnesota Addendum to the Drug and Alcohol-Free Workplace Policy of Mister Car Wash ( Policy ) modifies and amends the Policy to ensure compliance with Minnesota workplace drug and alcohol testing law and controls as between any inconsistency between the Addendum and the Policy. The Policy and this Addendum apply to all employees working in or reporting to locations in the State of Minnesota. NOTICE AND POSTING OF POLICY Notice of this Policy as amended hereby will be posted in an appropriate and conspicuous location on our premises and will advise that copies are available for inspection during regular business hours by employees or applicants. In addition to the provisions in the Policy, please note that job applicants will be provided with a copy of the Policy and this Addendum after a job offer but before any drug or alcohol test. NOTICE OF TEST RESULTS Notice of Negative Test Results Within three (3) working days after receipt of a negative test result from the testing laboratory, the Company will inform an applicant or employee, in writing, of: (1) the negative test result on the initial screening test or the confirmatory test; and (2) the right to request and receive a copy of the test result report. Notice of Positive Test Results Within three (3) working days after receipt of a confirmed positive test result from the testing laboratory, the Company will inform an applicant or employee, in writing, of: (1) the positive test result on the confirmatory test; (2) the right to request and receive a copy of the test result report; (3) the right to explain the positive result (described below in Explaining Results ); and (4) the right to request a confirmatory retest of the original sample, at his or her own expense. Explaining Result Within three (3) working days after notice of a positive drug or alcohol test result on a confirmatory test, the employee or applicant may submit information to the Company to explain the positive result. Additionally, after a positive test result, the Company can request that the employee or applicant indicate any over-the-counter or prescription medication he or she is currently taking, or has recently taken, as well as any other information relevant to the reliability of, or explanation for, a positive test result. Revision Date: 1/16/18 Car Wash Partners, Inc Page 1 of 2

9 STATE OF MINNESOTA DRUG AND Confirmatory Retest An employee or job applicant may request a confirmatory retest of the original sample, at his or her own expense. Within five (5) working days of receiving notice of the confirmatory results, the employee or applicant must make this request and notify MCW, in writing, of the intention to obtain a confirmatory retest. Within three (3) working days of receiving the individual s notice to retest, MCW will notify the original testing laboratory that the employee or applicant has requested that the lab conduct a confirmatory retest or arrange for transfer of the sample to the laboratory selected by the individual to perform the confirmatory retest, provided that the laboratory selected must be licensed in accordance with Minnesota Statute If the confirmatory retest does not confirm the original positive test, MCW cannot take any adverse personnel action based on the original test. CONSEQUENCES/REHABILITATION Substitute the following section for the Consequences and Rehabilitation and Returnto-Work Agreements sections in the Policy. Employees who violate MCW s policy are subject to discipline, up to and including termination, at MCW s sole discretion. While the discipline imposed will depend on the circumstances, and MCW reserves the right to determine, in its discretion, the discipline to be imposed, ordinarily certain offenses will result in immediate termination (e.g. possession, sale or use of illegal drugs on MCW s premises or during working time). All positive initial tests must be verified by a confirmatory test before discipline is imposed or a conditional job offer is withdrawn. MCW will not discharge an employee if the employee tests positive on a confirmatory test and the confirmed positive is the first such result under MCW s policy (i.e., a first-time offender). Instead, MCW will give the employee an opportunity to participate in counseling or rehabilitation at the employee s expense or pursuant to any coverage under an employee benefit plan. MCW may discharge an employee who refuses to participate in counseling or rehabilitation, has failed to successfully complete the program as evidenced by withdrawal from the program before its completion, or has a positive test result on a confirmatory test after completing the rehabilitation program. The Company may temporarily suspend a tested employee or transfer that employee to another position at the same rate of pay pending the outcome of the confirmatory test and, if requested, the confirmatory retest; where MCW believes it is necessary to protect the health or safety of the employee, co-employees or the public. Revision Date: 1/16/18 Car Wash Partners, Inc Page 2 of 2